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R-11-02-10-11C2 - 2/10/2011RESOLUTION NO. R -11-02-10-11C2 WHEREAS, Flix Brewhouse, LLC ("Flix") is a Texas limited liability company, and WHEREAS, Flix has expressed to the City of Round Rock ("City") its desire to locate a combination six screen first run cinema and restaurant in the City which will provide new jobs, and WHEREAS, §380.001 Local Government Code provides that a municipality may establish a program ("Program") to promote local economic development and to stimulate business and commercial activity in the municipality, and WHEREAS, the City Council has determined that the Program described in Exhibit "A" will meet the goals set forth in said §380.001 and will be of mutual benefit to both parties, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City offers to Flix a §380.001 Program in exchange for Flix locating a combination six screen first run cinema and restaurant in the City of Round Rock, and BE IT FURTHER RESOLVED That the offer of the Program shall be as generally outlined in Exhibit "A" attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. O:Awdox\SCCInts\0112\1104\MUNICIPALV00213368.DOC RESOLVED this 10th day of February, 2011. ATTEST: �iIM.L-, btQfirkl' SARA L. WHITE, City Secretary 2 ALAN MCGRAW, Mayor City of Round Rock, Texas EXHIBIT A The terms of the §380.001 Program to be offered to Flix Brewhouse, LLC in exchange for Flix Brewhouse, LLC 's locating a combination six screen first run cinema and restaurant in the City of Round Rock are as generally outlined below: 1. The City agrees to make program payments to Flix Brewhouse, LLC calculated on the basis of an agreed upon portion of the property tax revenues actually received by the City and generated by development. 2. The term of the Program shall terminate on December 31, 2016. 3. The terms and provisions of the Program will be set out in more detail in the Economic Development Program Agreement of even date herewith. 3 /ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Agenda Item No. 11C2. City Council Agenda Summary Sheet Consider a resolution adopting an Economic Development Program for Flix Brewhouse, Agenda Caption: LLC. Meeting Date: February 10, 2011 Department: Administration Staff Person making presentation: Cindy Demers Assistant City Manager Item Summary: The purpose of this program is to promote economic development and stimulate business and commercial activity in the City of Round Rock as contemplated by Chapter 380 of the Texas Local Government Code. With this program, the City will provide a performance based economic development incentive in exchange for Flix Brewhouse, LLC to locate a combination six screen first run cinema and restaurant in the Hester's Crossing Shopping Center. This will provide a revitalization of the anchor tenant space of that aging shopping center in addition to providing 89 new full time equivalent jobs to the community. Authority for entering into an agreement of this type is provided by Section 380 of the Local Government Code. A requirement of Section 380 is the establishment of a program to promote local economic development and to stimulate business and commercial activity in the municipality. Strategic Plan Relevance: 16.0 — Develop financial capital needed to support business growth and development, and improve the financial advantages of operating in the City. Cost: N/A Source of Funds: N/A Date of Public Hearing (if required): N/A Recommended Action: Approval